HomeMy WebLinkAboutAgenda - 06-05-2018 6-d - Orange County's Proposed 2018 Legislative Agenda
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 5, 2018
Action Agenda
Item No. 6-d
SUBJECT: Orange County’s Proposed 2018 Legislative Agenda
DEPARTMENT: County Commissioners
ATTACHMENT(S):
1) DRAFT 2018 Orange County Priority
Legislative Issues
2) DRAFT Resolution Regarding
Statewide Issues with Exhibits
3) DRAFT Resolution Regarding the
North Carolina Association of County
Commissioners 2018 Short Session
Priorities and Goals with Exhibit
INFORMATION CONTACT:
Commissioner Mark Dorosin, 245-2130
Commissioner Penny Rich, 245-2130
John Roberts, 245-2318
Bonnie Hammersley, County Manager’s
Office, 245-2300
PURPOSE: To:
1) review and discuss the Legislative Issues W ork Group’s (LIWG) proposed 2018
legislative package and any other potential items for inclusion in Orange County’s
legislative agenda package for the 2018 North Carolina General Assembly Session;
2) Consider approval of one proposed legislative matters resolution on Statewide Issues;
3) Consider approval of one proposed legislative matters resolution on the North Carolina
Association of County Commissioners 2018 Short Session Priorities and Goals; and
4) Confirm five specific items from the entire package to highlight as priorities for Orange
County.
BACKGROUND: The 2018 North Carolina General Assembly “short session” convened on
May 15, 2018. The Board of Commissioners has historically appointed a Legislative Issues
Work Group (LIWG) to work with staff to develop a proposed legislative package for the County.
Based on the work of the LIWG, the BOCC then reviewed and approved packages of legislative
items to present to Orange County’s legislative delegation.
For 2018, and in contrast to past years, the Board of Commissioners invited the three members
of Orange County’s legislative delegation to the April 17, 2018 regular Board meeting to discuss
issues of concern to the Board of Commissioners and the legislative delegation. Board
members conversed with members of the delegation, and members of the public also had the
opportunity to comment.
Following the discussion, the Board provided direction to staff and Commissioners Mark
Dorosin and Penny Rich, as the 2018 Board appointees to the Legislative Issues Work Group,
to bring a 2018 legislative package back to the Board for approval. The LIWG members have
subsequently consulted with each other and all seven BOCC members and developed the
attached package consisting of the three attached documents.
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The first attached document is a draft listing of potential 2018 Orange County Priority
Legislative Issues (Attachment 1). This document was developed based on feedback from
Board members on the items included in second attachment to this abstract.
The second attached document is a proposed legislative matters resolution on Statewide Issues
(Attachment 2). It includes legislative issues the Board has addressed in past years as well as
two new items – Restoration of School Impact Fee Authority and the 3DaysCount™ initiative.
The third attached document is a proposed resolution expressing general support for the North
Carolina Association of County Commissioners (NCACC) 2018 Short Session Priorities and
Goals (Attachment 3). However, the draft resolution also details two qualifications to that
support regarding an item related to the Clean Water Management Trust Fund and a second
item opposing NCACC’s goal to repeal the statutory authority under North Carolina General
Statute 115C-431(c) that allows local school boards to file suit against a county board of
commissioners over county appropriations for education.
The Board will need to discuss and consider both legislative matters resolutions (Attachments 2
& 3) as provided by the LIWG. Following consideration of the resolutions, the Board will likely
want to discuss and consider the draft listing of potential 2018 Orange County Priority
Legislative Issues (Attachment 1).
The work of the Legislative Issues Work Group to this point is based on the current information
available for the 2018 General Assembly Session. The issues addressed by the Group may
evolve and change over the session and require additional attention by the Group and Board of
Commissioners. New issues may also arise necessitating additional review.
FINANCIAL IMPACT: There is no financial impact associated with reviewing and approving
Orange County’s Proposed 2018 Legislative Agenda.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with reviewing and approving Orange County’s Proposed 2018 Legislative Agenda.
RECOMMENDATION(S): The Manager recommends the Board:
1) review and discuss the Legislative Issues Work Group’s (LIWG) proposed
2018 legislative package and any other potential items for inclusion in
Orange County’s legislative agenda package for the 2018 North Carolina
General Assembly Session;
2) Consider approval of one proposed legislative matters resolution on
Statewide Issues (Attachment 2);
3) Consider approval of one proposed legislative matters resolution on the
North Carolina Association of County Commissioners 2018 Short Session
Priorities and Goals (Attachment 3); and
4) Confirm five specific items from the entire package to highlight as priorities
for Orange County (Attachment 1).
Pending action by the Board, staff will work with the Chair to draft a cover letter for the materials
to be sent to Orange County’s legislative delegation.
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DRAFT Attachment 1
2018 ORANGE COUNTY PRIORITY LEGISLATIVE ISSUES
Expansion of Medicaid Program
Support legislation to increase access to the Medicaid program to make health insurance available to
approximately 500,000 more North Carolina residents and as additional support for rural hospitals.
Item #3 in the attached Resolution Regarding Statewide Issues with Exhibits
Priority School Issues
Support legislation to address the following issues related to schools:
a) * Provide local school systems with calendar flexibility;
b) * Provide full funding for State allotments including Average Daily Membership (ADM)
growth, and support legislation to provide for an overall increase in funding based on
average daily memberships outside of the current formula system;
c) Impose class size reductions commensurate with State funding for staffing; and
d) Maintain full funding for Driver Education;
Item #16 in the attached Resolution Regarding Statewide Issues with Exhibits
* Also see the attached Resolution Regarding the North Carolina Association of County Commissioners
2018 Short Session Priorities and Goals with Exhibit – Goals PE-3 and PE-4
Minimum Wage Increase
Support legislation to raise the minimum wage to enhance people’s economic security, improve access to
safe and secure housing, boost the economy with increased spending, decrease dependence on government
assistance programs, and improve the lives of families.
Item #7 in the attached Resolution Regarding Statewide Issues with Exhibits
* Broadband/Digital Infrastructure
Support legislation, funding, and other efforts that provide counties with flexibility and opportunities to
support options for increasing access to high-speed internet connectivity and expanding digital
infrastructure/broadband capability to the un-served and under-served areas of the state. Access to high
speed internet connections will reduce disparities, enhance quality of life for all the State’s residents, and
broaden opportunities in areas such as education, jobs creation, small business development, health care,
civic participation, and growth in farm enterprises.
Item #19 in the attached Resolution Regarding Statewide Issues with Exhibits
* Also see the attached Resolution Regarding the North Carolina Association of County Commissioners
2018 Short Session Priorities and Goals with Exhibit– Goal GG-3
Restoration of School Impact Fee Authority
Support legislation restoring Orange County’s long-held authority to levy impact fees on new residential
development to help pay for school construction. The North Carolina General Assembly approved
legislation in 1987, amended in 1991 and 1993, authorizing Orange County to impose impact fees to
support public school infrastructure. Orange County utilized these funds to fund school construction
needs. On June 20, 2017 the General Assembly approved House Bill 406/Session Law 2017-36 stripping
Orange County of the authority to levy the impact fee. Orange County requests restoration of the authority
to levy the fee to support school facility needs.
Item #41 in the attached Resolution Regarding Statewide Issues with Exhibits
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DRAFT Attachment 2
RES – 2018 – 036
NORTH CAROLINA
RESOLUTION REGARDING
ORANGE COUNTY LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of County Commissioners of
Orange County that the Board hereby requests the Senator and
Representatives representing Orange County take the following
positions on legislation regarding the following Statewide
matters:
1) * Smart Start and NC Pre-K – Support legislation to
increase and ensure secure and stable funding, enhanced
quality early care and education, and family access and
benefits in settings public and private;
2) Child Care - Seek legislation to reverse changes made
to the childcare subsidy program available to working
families, including establishing eligibility for all
children at 200% of the federal poverty level, to help
many working parents who are trying to become more
financial self-sufficient, and to prorate fees for
children attending based on the hours attended;
3) Expansion of Medicaid Program – Support legislation to
increase access to the Medicaid program to make health
insurance available to approximately 500,000 more North
Carolina residents and as additional support for rural
________________________________________________________________________ An item denoted with a “*” generally coincides with similar North Carolina Association of County Commissioners (NCACC) 2018 Short Session Priorities and Goals.
4
hospitals;
4) Mental Health – Seek legislation to ensure that
adequate State-funded mental health, developmental
disability, and substance abuse services and facilities
are available at the local level, accessible and
affordable to all residents and that sufficient state
resources fund service provision costs inclusive of
sufficient crisis intervention and treatment, and to
structure appropriate county participation in
governance;
5) People with Mental Health Issues in County Jails –
Support legislation to develop and fund a plan to
reduce the number of people with mental health issues
in county jails (See EXHIBIT A Regarding the National
Association of Counties (NACo) Stepping Up Initiative);
6) County Jail System/Housing State Inmates Reimbursement
– Support legislation to protect the fiscal viability
of the county jail system by reinstating reimbursement
for state inmates housed in county jails sentenced to
90 days or less;
7) Minimum Wage Increase – Support legislation to raise
the minimum wage to enhance people’s economic security,
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improve access to safe and secure housing, boost the
economy with increased spending, decrease dependence on
government assistance programs, and improve the lives
of families;
8) Machinery Act – Support local governments’ need for
more flexibility to remedy measurement and/or condition
property appraisal errors related to local property tax
functions. North Carolina property tax law
substantially limits the ability of local governments
to address property tax discrepancies, such as
prohibiting the refund of prior years’ taxes paid after
a measurement and/or condition property appraisal error
is discovered. Just as local governments can recoup
prior years’ property taxes from owners for
“discoveries”, local governments should likewise be
authorized to refund prior years’ taxes paid when
situations such as measurement and/or condition
property appraisal errors are discovered;
9) Homestead Exemption – Support revisions to the
Homestead Exemption provisions of the Machinery Act to:
a) provide greater opportunities for low-income
seniors to remain in their homes and not be
displaced due to property tax burdens by
approving a one-time ten percent (10%) increase
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in the base income qualification standard; and
maintaining the current provisions which increase
the income qualification standard each year based
on any cost-of-living adjustment made to the
benefits under Titles II and XVI of the Social
Security Act for the preceding calendar year; and
b) diminish the discriminatory features of the
current exemption provisions relating to married
couples by establishing graduated income
qualification standards for single individuals
versus married couples;
10) Sales Tax Distribution Formula – Support legislation
directing that all sales tax be distributed on a per
capita basis as it is fair and more equitable for
counties with less economic development as compared to
the point of delivery basis. The UNC School of
Government has indicated that a per capita basis tax
”would indeed be a more even distribution of LOST
revenue across the state”;
11) Maintain Local Government Authority over Solid Waste
Management – Oppose any shift of solid waste management
and recycling services away from local governments;
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12) Electronics Recycling – Support legislation to provide
additional funding to local governments for electronics
recycling to cover significant increased costs for
recycling these materials and to oppose the lifting of
restrictions on disposal of electronics in landfills;
13) Re-instatement of Earned Income Tax Credit – Support
legislation to re-instate the State Earned Income Tax
Credit which greatly benefitted low wage earners until
its elimination after the 2013 tax year;
14) Voter Registration and Voting – Support legislation to
restore straight party ticket voting and provide public
financing of judicial elections;
15) Abolish State Death Penalty – Support legislation to
abolish the State of North Carolina’s death penalty;
16) Priority School Issues – Support legislation to address
the following issues related to schools:
a) * Provide local school systems with calendar
flexibility;
b) * Provide full funding for State allotments
including Average Daily Membership (ADM) growth,
and support legislation to provide for an overall
increase in funding based on average daily
8
memberships outside of the current formula
system;
c) Impose class size reductions commensurate with
State funding for staffing; and
d) Maintain full funding for Driver Education;
17) Fulfillment of Constitutional Duties – Oppose any
legislation, that seeks to exempt any government
employee or agent from fulfilling his/her
constitutional duties, including but not limited to
guaranteeing the right to marry for same-sex residents
of North Carolina;
18) Oppose any shift of state transportation
responsibilities to counties – Oppose legislation to
shift the state’s responsibility for funding
transportation construction and maintenance projects to
counties. Counties cannot afford to assume costs for
maintaining secondary roads and/or funding expansion
projects;
19) * Broadband/Digital Infrastructure – Support
legislation, funding, and other efforts that provide
counties with flexibility and opportunities to support
options for increasing access to high-speed internet
connectivity and expanding digital
9
infrastructure/broadband capability to the un-served
and under-served areas of the state. Access to high
speed internet connections will reduce disparities,
enhance quality of life for all the State’s residents,
and broaden opportunities in areas such as education,
jobs creation, small business development, health care,
civic participation, and growth in farm enterprises;
20) Expansion of Protected Classes – Seek statewide
legislative action to provide all North Carolina local
governments with the authority to include sexual
orientation and gender identity as protected classes in
order to protect these classes from discrimination and
discriminatory practices; and authorize complaints for
discrimination to be brought in North Carolina Courts
by any Equal Employment Opportunity Commission
recognized protected class;
21) Eminent Domain – Oppose adding language to a
constitutional amendment on eminent domain that extends
any further preemption of county authority to regulate
the placement of telecommunication towers;
22) Fees-In-Lieu – NCDOT as Additional Recipient – Support
legislation amending North Carolina General Statute
153A-331 to add a provision allowing counties to
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transfer fees collected as part of subdivision
development, and in lieu of required street
construction, to be transferred to and held by the
North Carolina Department of Transportation (NCDOT) for
the future construction of roads intended to be added
to the State Maintained system. Presently there is no
mechanism where a county can collect fees in lieu of
transportation improvement construction based on
conditions agreed to by both parties during a
conditional zoning process. These fees may be for a
developer fair share of a future comprehensive
intersection improvement but would not be built by
NCDOT until other funding could be assigned to do a
complete improvement;
23) Bona Fide Farm Use – Support legislation clarifying
that the farm use and agriculture exemption of 153A-340
that restricts local zoning authority applies only to
property on which the production of crops or livestock
is the primary use. Clarify that marketing and agri-
tourism activities must be secondary uses of the
property and do not qualify for the exemption in the
absence of the production of crops or livestock;
24) * Revenue Options for Local Government – Support
efforts to preserve and expand the existing local
11
revenue base of counties, and oppose efforts to divert
to the state fees or taxes currently allocated to the
counties to the state. Oppose efforts to erode existing
county revenue streams and authorize local option
revenue sources already given to any other
jurisdiction;
25) E-911 Funds – Support protection and broader
applications of the NC 9-1-1 Fund to be used primarily
for assuring that 9-1-1 systems are able to upgrade
existing performance levels in order to pay for 9-1-1
operations or 9-1-1 related upgrades such as the
infrastructure needed to migrate to next-generation
(NG911) technology. Orange County has appreciated past
efforts and supports future initiatives to assure our
citizens are provided continued access to emergency
services from all sources;
26) Solar Energy – Support renewable energy initiatives
available to residential, commercial, industrial and
agricultural activities to create a market for energy
credits. This support will provide incentives to
produce renewable energy, which will become
increasingly important to preserving and strengthening
the economy and infrastructure, and in the case of
agriculture help maintain rural heritage and culture;
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27) * Land, Water and Agricultural Preservation Funding –
Support Park, Agricultural Preservation, Clean Water
Management and other existing trust funds established
for the protection of the State’s land, water,
biological resources, agriculture, and special places
before they are irreversibly lost, and request that
these funds receive additional funding, preferably
through dedicated funding sources;
28) Agriculture – Support Conservation of Working Lands and
Farmland Preservation – Support a revision to the
revenue and acreage requirements of the Use Value
Program to reduce acreage requirements, balanced by
increasing the income threshold;
29) * Aquatic Vegetation Control – Support legislation to
provide for and fund a comprehensive statewide approach
to noxious aquatic vegetation control in public water
reservoirs;
30) Concealed Weapons in Parks –Seek legislation re-
authorizing counties to fully regulate the carrying of
concealed weapons on county-owned playgrounds and in
county-owned parklands and authorize counties to
prohibit the carrying of concealed weapons on county
13
and county funded college/university campuses, in
addition to playgrounds;
31) Opioid Epidemic Efforts – Support adequate funding for
programs to provide and expand access for individuals
with opioid use disorder to seek and complete
treatment, and sustain recovery, as well as increased
funding to collect data regarding opioid overdoses and
to provide for additional law enforcement to
investigate and enforce drug laws;
32) * Agricultural Economic Development – Support state
funding and staffing for agricultural research,
Cooperative Extension services and other agriculture-
related efforts to support the largest economic driver
in North Carolina;
33) * Transportation Funding – Support increased state
funding for transportation construction and maintenance
needs, and support legislation to ensure that the STI
funding formula recognizes that one size does not fit
all and that projects in both rural and urban areas are
prioritized and funded, and eliminate the cap on light
rail funding;
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34) * Behavioral Health Services – Support increased state
funding for behavioral health services and facilities
at the state and local level, including dedicated
resources for community paramedicine projects. Support
Medicaid reimbursement to EMS for behavioral health
transport to crisis centers and structure appropriate
county participation in behavioral health program
governance;
35) * Adult Protective Services – Support increased funding
and legislation to strengthen adult protective
services;
36) * Court Funding – Support increased state funding for
NC courts, including reinstating funding for drug
treatment court;
37) * Crime Intervention Services – Support legislation and
state funding to provide early intervention services
through the Juvenile Crime Prevention Councils, and
support increased state funding for the prevention,
intervention and treatment of adolescent substance
abuse, gang involvement and domestic violence;
38) * State/County Partnership for Education – Seek
legislation to establish a new state-county partnership
15
to address statewide public school capital challenges--
including but not limited to maintenance, renovation,
construction and debt--through a dedicated, stable
funding stream that is consistent from county to county
and sufficient to meet the school facility needs of all
100 counties;
39) * Economic Development Efforts – Support legislation to
grow North Carolina's statewide economy through sound
state investments, including public infrastructure
funding, competitive incentives, and coordinated
efforts with county economic development services; and
40) Exemption to 180 Day Temporary Electricity Connection
Limit for Recreational Vehicles in a Campground or
Other Similar Park – Support legislation to provide an
exemption to the current 180 day temporary utility
connection limit as contained within the building code
for individuals utilizing campers and/or recreational
vehicles as temporary housing units while
supporting/visiting family members undergoing treatment
in local hospitals;
41) Restoration of School Impact Fee Authority – Support
legislation restoring Orange County’s long-held
authority to levy impact fees on new residential
16
development to help pay for school construction. The
North Carolina General Assembly approved legislation in
1987, amended in 1991 and 1993, authorizing Orange
County to impose impact fees to support public school
infrastructure. Orange County utilized these funds to
fund school construction needs. On June 20, 2017 the
General Assembly approved House Bill 406/Session Law
2017-36 stripping Orange County of the authority to
levy the impact fee. Orange County requests
restoration of the authority to levy the fee to support
school facility needs;
42) Support of 3DaysCount™ – Support legislation to develop
and fund a plan to implement 3DaysCount™ to help reduce
unnecessary arrests by expanding the use of citations
or summons, replace money bail with non-financial,
least restrictive conditions, restrict detention to the
small number of people for whom no condition or
combination of conditions can reasonably assure
appearance in court and public safety, and reduce
disparity within the pretrial justice system (See
EXHIBIT B – Resolution Supporting 3DaysCount™).
_________________________________________________________________________An item denoted with a “*” generally coincides with similar North Carolina Association of County Commissioners (NCACC) 2018 Short Session Priorities and Goals.
17
Upon motion of Commissioner _______________, seconded by
Commissioner ______________, the foregoing resolution was
adopted by a vote of __________ this the ___ day of June, 2018.
I, Donna Baker, Clerk to the Board of Commissioners for the
County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on _____________ as relates in any way
to the adoption of the foregoing and that said proceedings are
recorded in Minute Book No. ____ of the minutes of said Board.
WITNESS my hand and the seal of said County, this ___ day
of June, 2018.
_______________________________________
Clerk to the Board of Commissioners
18
I+F q 1 rj9\l
Res-2015-038 ORANGE COUNTY BOARD OF COMMISSIONERS 4c
Resolution Supporting "Stepping Up Initiative to
Reduce theNumber of People with Mental Illnesses in Jails"
WHEREAS, counties routinelyprovide treatment services to the estimated 2 millionpeople with
serious mental illnesses booked into jails each year; and
WHEREAS, prevalence rates of serious mental illnesses in confinementfacilities are three to six
timeshigher than for the general population, with statistics showing that almost 13% of North
Carolina's prison population requires some type of interventiondue to mental health issues; and
WHEREAS, almost three-quartersof adultswithseriousmentalillnesses in jails have co-occurring
substance use disorders; and
WHEREAS, adults with mental illnesses tend to stay longer in jail andupon release are at a higher
risk of recidivism than people without these disorders; and
WHEREAS, county jails spend two to threetimes more on adults with mental illnesses that require
interventions compared to those without these treatment needs; and
WHEREAS, without the appropriate treatment and services, people with mental illnesses can
continue to cycle throughthecriminal justice system, often resulting in tragicoutcomes for these
individuals, their families, and their communities; and
WHEREAS, county jails are generally an unsafe environment for those withmental health
treatment needs; and
WHEREAS, the North Carolina Association of County Commissioners has undertaken a serious
effort to address the local service needs of those with mental illnesses throughthe appointment of
a special Task Force; and
WHEREAS, Orange County, like all counties, takes pride in our responsibility to protect and
enhance thehealth, welfare and safety of our residents in efficient, safe, and socially just ways;
and
WHEREAS, through the Stepping Up Initiative, the National Association of Counties, the Council of
State Governments Justice Center and the American PsychiatricFoundation are encouraging
counties to reduce the numberof people with mental illnesses in county jails;
NOW THEREFORE, be it resolved by theOrange County Board of Commissioners:
1. That the Board of Commissioners doeshereby sign onto the Call to Action to reduce the
numberof peoplewithmental illnesses in our county jail and commits to sharing lessons
learned with other counties in North Carolina and across the country to support theStepping
Up Initiative; and
2. That the Board of Commissioners will utilize resourcesavailablethrough the Stepping Up
Initiative and other resources provided by the Council of State Governments Justice Center to
convene a diverse team of leaders and decisionmakersfrommultiple agencies who are
committed to safely reducing thenumberof people with mental illnesses in jails, and
3. That this teamwill utilizethe comprehensive resources availablethrough the Stepping Up
Initiative to develop a plan to reducethe number of people with mentalillness in the countyjail
for 2016-2020, consistent with theCouncil of State Governments Justice Center report and
recommendations, tobe presented to the Board of Commissioners at its first meeting in
December 2015.
This the 1St day of September, 2015. 5a
e
Earl McKee, Chair
Orange County Board of Commissioners
19
RES- 2018 -025
ORANGE COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING 3DaysCountTM — A NATIONWIDE EFFORT TO MAKE
COMMUNITIES SAFER AND ENSURE BETTEROUTCOMES FOR ALL BY APPLYING
COMMON SENSE SOLUTIONS TO WIDESPREAD PRETRIALJUSTICE CHALLENGES
WHEREAS, nearly 12 millionpeople are booked into United States jails each year, mostly for
nonviolent misdemeanors; and
WHEREAS, more than60 percent of people in jail are not convicted — detainedbefore trial largely
because they are too poor to post even small money bond amounts — costing local governments a
nationwide aggregate of nearly $14 billion annually in incarceration expenses; and
WHEREAS, pretrial detention is deeply disruptive topeople's livesand can have serious
consequences, from interrupted education and medical treatment to lost jobs, housing, and even
custody of children; and
WHEREAS, the money bail system places a disproportionate and unfair burden on peopleof color,
who, on average, face higher bail amounts even as they have fewer resources as a resultof
chronic, systemic exclusion from economicopportunity; and
WHEREAS, research shows thatwhen people who are most likely to appear in court and stay out
oftrouble are detained for even three days, they become morelikely to be arrested for new criminal
activity during the pretrial period compared to similar individualsreleased within just 24 hours; and
WHEREAS, the money bail system allows nearly half of those least likelyto succeed on pretrial
release to quickly buy their release from jailwith little to no meaningfulsupport or supervision,
without regard for the needs ofvictims, witnesses, and the broader community; and
WHEREAS, the goalsof 3DaysCountTm are tohelp states reduce unnecessary arrests by
expanding the use of citations or summons, replace money bail with non - financial, least restrictive
conditions, restrictdetention to thesmall number ofpeople for whom no condition or combination of
conditions can reasonably assureappearance in court and public safety, and reduce disparity within
the pretrial justice system; and
WHEREAS, Orange County has alreadyimplemented many of therecommendations of the Pretrial
Justice Institute including internalizingthe PretrialReleaseprogram in the CriminalJustice
Resource Department, using an evidence -based pretrial risk assessment tool, ensuring the
presence of defense counsel at firstappearances, increasing opportunities for pre- arrest diversion,
employing mentalhealth professionals to work directly with individualsincarcerated at ourjail to
assess andrefer to treatment in the community and continuing to collect data and measure
performance on our efforts;
NOW, THEREFORE BE IT RESOLVED, that the OrangeCounty Board of Commissioners hereby
endorses the goals of 3DaysCountTM; and
BEIT FURTHER RESOLVED, that Orange County Board of Commissioners strongly urges our
state -level stakeholders and governmentleaders to apply to join thePretrial Justice Institute's
3DaysCountTM initiative.
This the 17 th day of April 2018.
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DRAFT Attachment 3
RES-2018-037
NORTH CAROLINA
RESOLUTION REGARDING
ORANGE COUNTY LEGISLATIVE MATTERS
BE IT RESOLVED by the Board of County Commissioners of
Orange County that the Board hereby expresses its general
support for the North Carolina Association of County
Commissioners 2018 Short Session Priorities and Goals provided
in EXHIBIT A.
However, the Board of Commissioners qualifies its
interest/support for two items detailed in EXHIBIT A as follows:
1) For Item “ENV-1: Support legislation to increase
funding for the Clean Water Management Trust Fund for
water and sewer infrastructure projects”, Orange
County supports this goal with the deletion of the
words “for water and sewer infrastructure projects”;
and
2) Orange County expresses its opposition to Item “PE-2:
Seek legislation to repeal the statutory authority
under N.C. Gen. Stat. 115C-431(c) that allows local
school boards to file suit against a county board of
commissioners over county appropriations for
education.” Orange County opposes any effort to
exclude judicial remedy and eliminate this rarely
used, but in some circumstances, necessary option.
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Upon motion of Commissioner ____________, seconded by
Commissioner ___________, the foregoing resolution was adopted
this the ___ day of June, 2018.
I, Donna Baker, Clerk to the Board of Commissioners for the
County of Orange, North Carolina, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on ___________, 2018 as relates in any
way to the adoption of the foregoing and that said proceedings
are recorded in Minute Book No. ____ of the minutes of said
Board.
WITNESS my hand and the seal of said County, this ____ day
of June, 2018.
_______________________________________
Clerk to the Board of Commissioners
22
NCACC Short Session Priority Goals
PE-1: Seek legislation to establish a new state-county partnership to address
statewide public school capital challenges — including but not limited to
maintenance, renovation, construction and debt — through a dedicated,
stable funding stream that is consistent from county to county and sufficient to
meet the school facility needs of all 100 counties.
This was the Association’s primary legislative goal during the long session.
The final budget allocated $100 million from lottery proceeds to the Public
School Building Capital Fund and added $30 million in FY 2018 and $75 million in
FY 2019 to a newly-created Needs-Based Public School Capital Fund.
Legislation authorizing expansion of local option sales taxes and a statewide
bond referendum did not pass but is eligible for short session. NCACC remains
committed to the three pronged approach (increased lottery funding, sales tax
flexibility and a state-wide bond) to address school capital needs.
PE-2: Seek legislation to repeal the statutory authority under N.C. Gen. Stat.
115C-431(c) that allows local school boards to file suit against a county board of
commissioners over county appropriations for education.
S531/H305 amended the statute establishing the dispute resolution process for
boards of county commissioners and boards of education. S531 passed the
Senate with bipartisan support but was not heard in the House and is eligible for
short session.
Legislative staff completed a study on this issue. The study recommends limiting
school boards ability to sue and establishes a default funding mechanism in the
event that the dispute resolution process is not successful. We support this
recommendation as an amended version of S531.
TF-1: Support efforts to preserve and expand the existing local revenue base of
counties, and oppose efforts to divert fees or taxes currently allocated to the
counties to the state. Oppose efforts to erode existing county revenue streams
and authorize local option revenue sources already given to any other
jurisdiction.
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ALBERT COATES LOCAL GOVERNMENT CENTER 215 NORTH D AWSON STREET , R ALEIGH, NC 27603 PHONE 919.715.2893 F AX 919.733.1065
RISK M ANAGEMENT POOLS PHONE 919.719.1100 FAX 919.719.1101
WWW.NCACC .ORG
H437, S166 and H333 were all aimed at expanding local revenue flexibility. H333
passed the House, but was not considered by the Senate. All are eligible for short
session.
GG-3: Seek legislation, funding, and other efforts to expand digital
infrastructure/broadband capability to the un-served and under-served areas of
the state.
H390/S208 are eligible for the short session, and would allow counties to invest in
digital infrastructure and lease to private providers to help expand broadband
access.
PE-4: Support legislation providing flexibility to align K-12 and community college
calendar.
One statewide bill, H375, granting local boards of education the ability to align
school start dates with that of a community college serving the county, was
passed by the House but saw no action in the Senate.
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Agriculture
Approved Goals
AG-1: Support state funding and staffing for agricultural research, Cooperative
Extension services and other agriculture-related efforts to support the largest economic
driver in North Carolina.
• The final budget included funds for marketing of North Carolina agricultural
products regionally and internationally, as well as $2 million for the Agricultural
Development and Farmland Preservation Fund.
AG-2: Support legislation allowing counties to partner with neighboring counties to
establish multijurisdictional regional Agricultural Business Districts that allow for favorable
taxation and incentives to attract agricultural businesses to the region
• After extensive research and consultation with experts on the subject, NCACC
determined that counties already have the authority to partner with neighboring
counties for economic development purposes, including agribusiness.
Environment
Approved Goals
ENV-1: Support legislation to increase funding for the Clean Water Management Trust
Fund for water and sewer infrastructure projects.
• The final budget appropriated an almost $4.2 million in additional non-recurring
funds, as well as $305,707 in recurring funds, in FY 2017-18 for the Clean Water
Management Trust Fund. The recurring funds increase to $500,000 in FY 2018-19.
ENV-2: Support legislation to study and address air quality matters relating to the
removal and treatment of coal ash deposits.
• Legislation addressing issues with coal ash air quality was not introduced this
session.
ENV-3: Support legislation to provide for and fund a comprehensive statewide
approach to noxious aquatic vegetation control in public water reservoirs.
• Legislation addressing aquatic weeds was not introduced this session.
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General Government
Approved Goals
GG-1: Support increased state funding for transportation construction and
maintenance needs, and support legislation to ensure that the STI funding formula
recognizes that one size does not fit all and that projects in both rural and urban areas
are prioritized and funded.
• The budget increased funding to the Strategic Transportation Infrastructure
Program by $320 million by the end of FY 2019. H81 would amend the Strategic
Transportation Investment program to include more input from MPO/RPOs. The
legislation passed the House but was not heard in the Senate.
GG-2: Seek legislation to authorize counties to require HOAs or developers to post
maintenance bonds for publicly dedicated subdivision roads, require DOT to expedite
acceptance of subdivision roads into the state road system, and implement a
statewide approach to maintaining pre-subdivision ordinance roads.
• H141/S92 would have accomplished this goal, but neither version of the bill was
heard in committee. NCACC will work on a compromise during the legislative
interim.
GG-3: Seek legislation, funding, and other efforts to expand digital
infrastructure/broadband capability to the un-served and under-served areas of the
state.
• H390/S208 would give counties the authority to invest in Internet infrastructure in
unserved areas and lease assets to private Internet service providers. Neither bill
was considered in committee; however, throughout session legislators expressed
support for more tools at the state and local levels to expand Internet access
throughout the state.
GG-4: Support goals of the NC Military Affairs Commission.
• The budget included $2.2 million for the military stabilization fund to “sustain and
maintain North Carolina’s military programs.”
GG-5: Support legislation to grant all counties the option to provide notice of public
hearings and other legal notices through electronic means in lieu of required
publication in any newspaper.
• S343 would allow counties to publish required legal notices on their own
websites. The bill passed the Senate but not the House. Ultimately, a pilot
program for Guilford County passed as part of H205. H205 was vetoed by
Governor Cooper. A pilot program in Guilford County was introduced and
passed as a local bill in the October special session.
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Health and Human Services
Approved Goals
HHS-1: Support increased state funding for behavioral health services and facilities at
the state and local level including dedicated resources for Community Paramedicine
projects. Support Medicaid reimbursement to EMS for behavioral health transport to
crisis centers and structure appropriate county participation in behavioral health
program governance.
• The budget included $2 million for new child-focused behavioral health crisis
facilities and $17 million for additional inpatient behavioral health beds at five
hospitals across the state. The budget also continued the community
paramedicine pilot program in three counties with $350,000 in funding and
directs DHHS to establish a plan using Medicaid funds to reimburse county
paramedics for transportation to behavioral health facilities instead of
emergency departments.
HHS-2: Seek increased state funding to support access to early childhood education.
• The budget provided additional resources for early childhood education using
$3 million in FY18 and $6.1 million in FY19 combined with $18.8 million in TANF
block grants across both years to reduce the NC Pre-K waitlist.
HHS-3: Support increased funding and legislation to strengthen adult protective
services.
• The budget provided an additional $1 million for 21 new positions to increase
staff and improve timeliness of inspections at various adult care facilities. It also
appropriated over $100,000 in each year to fund background checks for long
term care staff. H657 passed the General Assembly and modified the process by
which deficiencies at adult care homes are handled by the Division of Heath
Service Regulation and county departments of social services
HHS-4: Support legislation to align oversight standards for lawful body piercing with
lawful tattooing.
• H250/S256 would add body piercing and other body art practices to existing
tattooing laws and regulations. H250 passed the House but was not heard in the
Senate. It is eligible for short session.
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Justice and Public Safety
Approved Goals
JPS-1: Support legislation and funding to raise the Age of Juvenile Jurisdiction from 16 to
18 with the exception of felony crimes.
• The final budget included a provision to raise the age of juvenile jurisdiction with
the exception of A-E felonies. It also included $13.2 million for a new youth
development center and $1 million for the planning of the implementation of the
Juvenile Justice Reinvestment Act.
JPS-2: Support increased state funding for NC courts, including reinstating funding for
drug treatment court.
• Funding for 36 new assistant district attorneys across the state was a part of the
final budget.
JPS-3: Support legislation and state funding to provide early intervention services
through the Juvenile Crime Prevention Councils and support increased state funding for
the prevention, intervention and treatment of adolescent substance abuse, gang
involvement and domestic violence.
• The “Raise the Age” legislation in the budget included provisions aimed at
reducing juvenile crime. The budget also includes resources for substance abuse
treatment while the STOP Act increases oversight and standards for opioid
prescribing practices.
JPS-4: Support legislation increasing penalties for tattooing without a permit.
• H250/S256 would accomplish this goal. H250 passed the House but was not
heard in the Senate. It is eligible for short session.
Public Education
Approved Goals
PE-1: Seek legislation to establish a new state-county partnership to address statewide
public school capital challenges--including but not limited to maintenance, renovation,
construction and debt--through a dedicated, stable funding stream that is consistent
from county to county and sufficient to meet the school facility needs of all 100
counties.
• The final budget allocates $100 million from lottery proceeds to the Public School
Building Capital Fund and adds $30 million in FY 2018 and $75 million in FY 2019 to
a newly-created Needs-Based Public School Capital Fund. Legislation authorizing
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expansion of local option sales taxes and a statewide bond referendum did not
pass but is eligible for short session.
PE-2: Seek legislation to repeal the statutory authority under N.C. Gen. Stat. 115C-431(c)
that allows local school boards to file suit against a county board of commissioners over
county appropriations for education.
• S531/H305 amended the statute that establishes the dispute resolution process
for boards of county commissioners and boards of education. S531 passed the
Senate with bipartisan support but was not heard in the House and is eligible for
short session. A provision prohibiting school board lawsuits also appeared in the
Senate version of the budget, but did not make it through the budget
conference process. The NCGA’s Program Evaluation Division completed a study
on this issue, but the findings are not yet public.
PE-3: Support legislation to provide for an overall increase of funding based on average
daily memberships outside of the current formula system.
• New approaches to school funding formulas were not introduced in legislation or
in the final state budget. The budget does set out a task force to study the
current school funding allotment and distribution methods and explore possible
improvements.
PE-4: Support legislation providing flexibility to align K-12 and community college
calendar
• One statewide bill, H375, granting local boards of education the ability to align
school start dates with that of a community college serving the county, was
passed by the House but saw no action in the Senate. Legislation establishing a
pilot program authorizing school calendar flexibility for 20 school districts, H389,
also was passed by the House and included in the House budget. The Senate
took no action on H389 and the final budget did not include the language. Both
H375 and H389 remain eligible for consideration in 2018. Additionally, dozens of
local bills granting local calendar flexibility were introduced during the 2017
session, but none saw action by the General Assembly.
Tax and Finance
Approved Goals
TF-1: Support efforts to preserve and expand the existing local revenue base of
counties, and oppose efforts to divert fees or taxes currently allocated to the counties
to the state. Oppose efforts to erode existing county revenue streams and authorize
local option revenue sources already given to any other jurisdiction.
• H437, S166 and H333 were all aimed at expanding local revenue flexibility. H333
passed the House, but the Senate was unwilling to consider any of the bills. All
are eligible for short session
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TF-2: Support legislation to grow North Carolina's statewide economy through sound
state investments, including public infrastructure funding, competitive incentives, and
coordinated efforts with county economic development services.
• The budget established the NC Ready Sites Fund in the NC Department of
Commerce and appropriates $2 million to assist local governments in tier one
and two counties with development of infrastructure around industrial sites to
help attract economic investment. H158/S.L.2017-40 clarified the authority for
local governments to impose special assessment to pay for critical infrastructure
projects.
TF-3: Support legislation to restore state aid funding of public libraries to the pre-2011
level of $15.7 million and eliminate special provisions that distribute state aid outside of
the equitable formula developed by the State Library Commission.
• The budget increased state aid to libraries by $500,000, bringing the overall
appropriation to $14.7 million.
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